Les allongés (Roman) (French Edition)
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Note that originally the juries were expected to come to court already knowing the necessary facts. Not "to see speaking", as Alderman p. Note the presumption of a spherical earth. The emptiness of a title. Now usually part of "air rights". Now usually claimed by public utilities, to place their lines or pipes on private property. The Latin est opus , "it is necessary", became the French estovoir. Note that the old name for a vassal's property in feudal tenure under a lord is fief , a noun; and that "fiefdom" is pseudo-antiquary silliness. The Latin phrase in the records is per metas et bundas.
Meta is ancient Latin for "measure", while butina , "boundary" is a Late Latin adoption, possibly from German because it appears in a Latin version of the laws of the Ripuarian Franks. Nemo potest plus juris ad alium transferre quam ipse habet. Also found in the short form Nemo dat quod non habet , "No one gives what he does not have. Broom pp. Those of a deed of land give a precise description of the property, including its metes and bounds , which is why a building or a field or a mine can be called "the premises.
Related to adverse possession and squatter's rights. Qui prior est tempore, potior est jure. A quitclaim deed releases all the grantor's title and rights. The Old French verb arainer meant "to call to account". In Anglo-American criminal procedure, the arraignment is the formal ceremony of reading the indictment or V q. A bill of attainder could condemn a person without trial, and was prohibited by the U. Constitution 1. Bail is a deposit of valuable security with the clerk of court against the appearance of the accused.
The word also appears in contracts, meaning security for performance, delivered in an act called bailment by a bailor to a bailee. Compounding or compositio by a medieval law officer or private party referred to "composing" or legitimately settling a complaint by accepting a sum of money, out of court or as part of a judicial proceeding. Today the phrase carries the other connotation of "compound", "to add on", and seems to mean making a felony worse by concealing it or failing to prosecute it.
The phrase therefore stands for the traditional Anglo-American civil right of freedom from unjust or capricious imprisonment, implicit in Magna Carta and explicitely legislated in the Habeas Corpus Act of Ignorantia facti excusat, ignorantia juris non excusat. This peculiar word, once spelled indite until the c was put back in from the Latin dictare , "to state", means the return of a true bill by a grand jury against a person accused, sending him to trial.
A cause of reduced criminal capacity. The Earl Marshall was responsible for keeping order in the royal court and central lawcourts, and a judge on circuit was guarded by his own marshal. In the U. Now restricted to criminal decisions, while judgement and award are used for civil ones. The list or panel of jurors is sometimes called the venire , and the place they represent the venue. When there is a public excitement against the accused, a change of venue a trial elsewhere with a jury of strangers might be granted. In England the Admiralty, like other high offices of state, was also a court, one with expertise on naval matters at its disposal; it was used as a court of equity in maritime matters and international trade.
Aequitas sequitur legem. As we use it, arbitration is the deciding of a dispute by an umpire satisfactory to both sides, when both have agreed to abide by the decision. The words are practically synonymous, and pairing them is a habit of legal language, partly a heritage from the oral customary law tradition. For more examples, see Mellinkoff, pp. The doctrine is expressed, "He who comes to equity must come with clean hands". The verb is to construe , derived like the noun and the following adjective from the Latin construere , "to build". By contrast, "Whoever's calling, tell them I'm out" is a dolus bonus or "good fraud".
The plurals would be doli mali and doli boni. For example, if I have sued to collect rent for an apartment, I am estopped from pleading that I don't own the place and don't owe the taxes on it. See Fullagar, p. Expressio unius est exclusio alterius. The fiduciarius meant "trustee", and was derived from fidus , "faithful", which came in turn from fides , "good faith".
Id certum est quod certum reddi potest. For example, "before Election Day " would serve as a "date certain" for payment on a contract. Impossibilium nulla obligatio est. Digest rule , Sextus rule 6. The judge is said to enjoin someone from some action. See the maxim Vigilantibus Now the meaning is rather "international law". See also law of nations above. Non videntur qui errant consentire.
Broom, p. Noscitur a sociis. Omnis definitio in jure civili periculosa est. Digest rule Quod ab initio non valet, tractu temporis non convalescit. A prescription founded on fraud or violence does not establish a right. FE] As Millar p. It is possible that there is a Latin antecedent, a frequentative tritare from the verb terere , "to grind". The "mills of justice" is an old figure of speech. The holder in trust is called the trustee , and see cestui above.
Vigilantibus et non dormientibus jura subveniunt. See Broom, pp. Ars in Latin, like techne in Greek, meant a skilled craft. Rapid calculating with the abacus and the keeping of double-entry books that could be used as proof in court were developed by international traders and notaries in 13th-century Italy, and wherever the technique spread, the courts had to learn it.
This power can be delegated in fractions or degrees to an agent. Lading is "loading". So, the document that certifies that a carrier has received specified goods. Bills of lading include waybills and airbills. Note the similar idea in retail , "cutting up". Now any businessman who mediates between sellers and buyers.
Caveat emptor. The U. The Persian word for king, shah , was the Arabic word for the game of chess, adopted with the game into French as eschec ; the English royal court of accounts was named the Exchequer on account of its counting table that was ruled off into squares like a chessboard.
It seems likely that the first commercial-paper cheques were Exchequer drafts. Guarantee is also a variant spelling for guaranty. Also spelled endorse. Tender with the meaning "soft, delicate" is also tendre in Old French, but is derived from the Latin tener.
The noun comes from the Latin licentia , and in Canada is spelled licence. The phrase "public property" is a contradiction in terms, according to the root meanings of the words. The condition in which two jurisdictions grant each other similar advantages, or two corporations agree to favor each other as suppliers. Respondeat superior. Employees, servants, and agents acting within the scope of delegated authority or employment are not liable themselves, but render their employers, masters, or principals liable.
Simplex commendatio non obligat. The sign reading "Good Used Cars" is a mere puffing of the goods, not a warranty, however brightly lit. Ambulance chaser meaning a liability lawyer in quest of contingency fees is an American coinage. In the midth century the word was newspaper slang for a stereotype plate, a printing block for one or more columns of advertising or political electioneering, cast as a single piece and offered to newspapers for insertion in their news columns.
A hornbook consisted of an alphabet and perhaps a Psalm, printed to serve as a reading primer on one sheet of paper, which was covered with a sheet of shaved horn to keep it clean while the infant scholar traced the letters. A lawyer would have use the latter for privacy to prepare and coach the witnesses he had never met before.
The word and its offspring racketeering are used even in official documents to refer to this large and vague idea. The proper name comes from Allen v. The maker is called the affiant. The ablative animo The noun is averment. Axioms serve well as major premises or maxims. Whichever side a presumption favors, the other side has the burden of proving the contrary. Falsus in uno, falsus in omnibus. A locus classicus for the exclusion of hearsay occurs three quarters of the way through chapter 34 of Dickens' Pickwick Papers , in the breach of promise case Bardell v.
Pickwick: "Oh, quite enough to get, sir, as the soldier said ven [sic] they ordered him three hundred and fifty lashes," replied Sam. To imply or "fold in" means to hint at something without overtly stating it; one's hearer may then infer it from the hint. For example, the signing of a will before witnesses makes a valid will ipso facto , without registration or deposit. The phrase does not imply that the one holding it is a moral person who is not to be blamed in case of error.
For example, a contract of lease of a horse and wagon will serve, mutatis mutandis , for the lease of a truck.
Le thème régional dans la littérature française - Persée
This phrase characterizes a decision of an official body with no negative votes, even if not unanimous. The fact that he is unemployed is no reason to suppose that he is dishonest, or does not want a steady job.
This is one of several dozen fascinating derivatives from the Greek parabola , "something tossed alongside"; this was the word for a comparison or exemplary story hence parable and for a conversation back and forth, cf. Oral comes from the Latin os, "mouth". Unlike prejudice, presumption is not final.
A presumption, e. A prima facie case is a sufficient argument and evidence by the plaintiff or prosecutor to stand unless overcome by the defendant. It discharges and transfers the burden of proof.
The form relevance means the same. One answer to the objection against hearsay is the argument that some words are really acts, res gestae , because they are directly associated with acts, e. The phrase is used to signify a merely nominal party or beneficiary, a "front". It can also mean your adversary's restatement of your position, so weak and flawed that he can easily push it over.
A custom or usage "from time immemorial" is one that is older than any contrary testimony. Time out of mind is a similar idea, but limited in extent to the memory of persons now living. The noun abatement is generally milder: "reduction", e. The French abbatre came from the Latin battuere , itself apparently picked up from a Gallic word meaning the same thing, "to pound". Battery , below, is a cognate. The original Latin referred to a lot falling out of a jar, or dice from a cup, emphasizing the fact that the event is unexpected. To be sustained, there must be both real loss and real wrong; cf.
See the historical explanation in Plucknett, pp. Abate , above, is cognate. For example, the words "He is a wellpaid agent of several oil companies", not defamatory in themselves, in colloquium to a Member of Parliament would be slanderous. Colloquium can be achieved by innuendo , q. See Fullager, pp.
Injuria non excusat injuriam. See Fullagar's thoughtful article, pp. A nuisance , briefly, is a use of one's own property to the damage of another. The specific attractive nuisance works by first enticing, then harming, e. To redress is to adjust or remedy an injustice; also, as a noun, "rectification". The full phrase was scienter et cum malitia praecognita , "knowingly and with malice aforethought. Derived from the Late Latin scandalum , which appeared in the Vulgate Bible meaning "a stumbling-block", something that upsets the good behavior of the righteous; scandal is a doublet.
The adjective is tortious and the doer is called a tortfeasor. Volenti non fit injuria. The same simile, based on the use of nitric or sulfuric acid to test for gold, is applied to any test that is quick, brutal and sure. Also, in the old Italian accountry of venture corporations, the total investment appeared as the headline of the account sheet. The medieval Italian trading and banking houses were organized as extended families, complete with dependents who shared a common table with the blood relations of the padrone.
The other is dissolution. The veil is the corporation's legal identity, masking the directors and owners and rendering them immune, as individuals, for their acts in pursuit of the purposes of the corporation. When the veil has been used to cover illegal activities, the court can pierce it and see them as individuals. A proctor who oversees a university examination does so as the faculty's representative. This is a process of assembling capital for a new venture; the corporation does not come into existence, or expand its capitalization, until the subscription list is full.
Possibly under suggestion from the word bar it has come to mean the marketing of justice by a judge or prosecutor, or their stirring up litigation for their profit; also, in Admiralty, the fraudulent switching of cargo by a ship's master and crew. The area within sight of a French town's walls, within which the town forbade and would punish violence, used to be called its paix or peace. Disorderly behavior that lay outside the scope of crime murder and robbery was tried, in England, by local magistrates called justices of the peace. Fiscus , "a money bag" was the name for the Roman emperors' financial office, kept separate from the public treasury; the same idea reappears in England in the Privy Purse.
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Learn how to make this major that will certainely satisfy all foodies. Nougat of Montelimar, fudges, marshmallows Discover a world full of sweets! It's decided, from now it will be only good and homemade! If you want to offer a reservation to a loved one, please indicate their lastname and firstname.
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Are they cut off from the joke due to their secular culture? Here again, it becomes one to be bilingual, to master two tongues. When She Was Good. Colors come up again in The Human Stain. The writing on both the envelope and the letter was in red ballpoint ink.
In the French version, the publisher has not respected the original layout of the page with its inverted-A. This obscures the reference to Hawthorne and to the black-and-white color scheme of colonial New England . Would it be precocious if we now came to a conclusion, cutting to the quick, taking another lick at translators? Have we unfairly cut them down by criticizing their tongue? Does the reader have trouble swallowing our argument? Do our comments regarding Roth in translation cut two ways, calling attention to gaps in the host text?
We would maintain, in line with the Romantic reading of Paradise Lost — a book admired by Roth — that important works of literature have hidden meanings. That one must strip away the textual surface with a scalpel. That one needs to dive into the deeper currents, those flowing underneath, near the drainage pipes.